Title
PLN18-0260 - 647 Haight Avenue - Applicant: Laxman Mahat. A public hearing to consider an Administrative Use Permit to establish an approximately 1,200-square-foot beauty salon. The property is located within the C-C, Community Commercial zoning district
Body
CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0260 - 647 Haight Avenue - Applicant: Laxman Mahat. A public hearing to consider an Administrative Use Permit to establish an approximately 1,200-square-foot beauty salon. The property is located within the C-C, Community Commercial zoning district.
GENERAL PLAN: Community Commercial
ZONING: Community Commercial
PROJECT PLANNER: Henry Dong, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: Exhibit 1 - Project Plans
RECOMMENDATION: Approve the project with conditions.
BACKGROUND:
The proposal is a use permit to allow an approximately 1,200-square-foot beauty salon located on Haight Avenue approximately 70-feet from the corner of Webster Street and Haight Avenue. The proposed use will occupy a vacant retail unit located behind Garden Cleaners within an existing commercial building. The beauty salon will provide eyebrow and hair removal services during standard business hours between 10:00 A.M. to 7:00 P.M, Tuesday through Sunday. The facility will be operated by the owner and have approximately 15 customers per day. The proposed beauty salon requires a use permit per Alameda Municipal Code Section 30-4.9A.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposal is to establish a beauty salon within the Community Commercial zoning district. The Community Commercial district emphasizes a variety of retail, restaurants, and personal service uses serving the Alameda community. The surrounding properties to the east and north are within the Community Commercial, and contain commercial businesses. The properties to the west and south are within the Neighborhood Residential and Two-Family Residential Districts, and contain residential buildings. The project provides a low-intensity commercial transition between the residential neighborhood and the Webster Street commercial uses. No new structures or changes to the existing building are proposed as part of the project. The project is consistent with the adjacent uses of the surrounding area
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The property is fully developed with no barriers to public access. The proposed beauty salon will not significantly generate additional traffic or service requirements. The project is located within the transit and pedestrian-oriented area of the Webster Street business district, which is served by AC Transit bus routes O, W, 20, 31, 51A, 314, 631, 663, and 851. Like most sites developed within the C-C district, no increase in off-street parking is possible. The proposal will have one employee on site at a time. The building does not have off-street parking, however, metered parking and public bike racks are available along the sidewalk of Webster Street.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy.
The proposed beauty salon will not negatively affect the properties in the surrounding area. The project provides a low-intensity commercial transition between the residential neighborhood and the Webster Street commercial uses. The proposal will complement other business services in the surrounding area. Furthermore, the hours of operation are within the standard business hours in the C-C district which is 7:00 AM to 10:00 PM.
4. The proposed use relates favorably to the General Plan.
The Community Commercial designation includes uses such as “small retail stores, department stores, motels, automobile sales and service, and offices, depending on location.” The proposed beauty salon will provide a low intensity use compatible with the Community Commercial General Plan designation. The proposal is consistent with the General Plan because the proposed use would not have any negative impacts upon the surrounding properties and commercial businesses.
CONDITIONS:
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the plans submitted by Laxman Mahat on May 31, 2018, and on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Community Development Department for review and approval
3. Building Permits: Building Permit plans shall incorporate this approval notice, including the conditions of approval.
4. Exterior Lighting and Fencing. No new exterior lighting or changes to the exterior fencing shall be allowed without review and approval of the Community Development Department.
5. Hours of Operation: The hours of operation shall be limited to the standard business hours of the Community Commercial District which is between 7:00 AM to 10:00 PM.
6. Signs: The applicant must obtain a City Sign Permit before installing any new permanent business signage.
7. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
8. Revocation. This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
9. Vesting. The Use Permit approval shall expire two (2) years after the date of approval or by July 16, 2020 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
10. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
Environmental Determination
The Zoning Administrator has determined that this project does not involve a significant expansion of an existing use and will not have a significant effect on the environment. This project is a class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting, or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: July 16, 2018
Andrew Thomas, Zoning Administrator